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(영문) 서울고등법원 2016.06.16 2015나2068483
손해배상(기)
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1. The appeal filed by Defendant Korea Highway Corporation shall be dismissed;

2. Expenses for appeal shall be borne by Defendant Korea Highway Corporation.

Reasons

1. Basic facts

A. On July 10, 1997, the Minister of Construction and Transportation (hereinafter “instant road project”) extended the scope of the Seoul outer circular Highway from 9-6 to 607-1, Youngnam-dong, Gangdong-gu, Gangdong-gu, Seoul (hereinafter “instant road project”).

(2) The Plaintiff was changed to “E” on January 1, 2007 by the name of the Gangdong-gu Seoul Metropolitan Government administrative district “E” on January 1, 2007.

The term "B" shall not be distinguished before and after the change.

C previously owned 2,401 square meters, but among the above land, 1,195 square meters was incorporated into the instant road business zone, and on December 2, 1997, the said land was divided into 1,195 square meters before Gangdong-gu Seoul Metropolitan Government D (hereinafter “instant land”).

3) Defendant Korea Highway Corporation entrusted with the implementation of the road project of this case by Korea shall be subject to the Act on Special Cases Concerning the Acquisition of Land for Public Use and Compensation for Damages (repealed by Act No. 6656, Feb. 4, 2002; hereinafter “former Act on Special Cases”).

(4) On June 9, 1998, on the instant land, the registration of ownership transfer was completed under the name of the Republic of Korea (No. 5, 198) (No. 175,067,500 square meters per square meter x 1,195 square meters) on the instant land on the ground of “acquisition of public land by consultation.” Around that time, the Plaintiff paid the Plaintiff KRW 175,067,50 (No. 146,500 per square meter x 1,55 square meters) with compensation for the acquisition of the instant land through consultation. 4) After that, the instant land was connected to the Fridge lower part of the road passing through the Seoul metropolitan metropolitan circulation, and the road and its sponse road installed on the instant land (hereinafter “the instant land”), and the Minister of Construction and Transportation, on April 30, 201, announced that the land category was changed to around January 1, 2002.

5 The instant land and the Gangdong-gu Seoul Metropolitan Government 1. G.

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